Commissioner of Police New South Wales v Gray [2009] NSWCA 49

Reported Decision: 74 NSWLR 1

New South Wales Court of Appeal

CITATION: Commissioner of Police New South Wales v Gray [2009] NSWCA 49 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 2 February 2009

JUDGMENT DATE: 16 March 2009

JUDGMENT OF: Giles JA at 1; Tobias JA at 2; McColl JA at 3

DECISION: 1. Grant leave to appeal. 2. Notice of appeal to be filed within seven (7) days. 3. Appeal allowed. 4. Set aside the orders of Malpass AsJ made on 9 May 2008 and in lieu thereof: (a) Set aside the order for particulars made by the Administrative Decisions Tribunal on 15 January 2008; (b) Make no order as to costs, to the intent that each party bear their own costs. 5. Remit the matter to the Tribunal for further hearing in accordance with law.

CATCHWORDS: STATUTORY INTERPRETATION – acts of parliament – interpretation – effect and operation of s 29(3) Security Industry Act 1997 - implied repeal - Administrative Decisions Tribunal Act 1997, s73 - ADMINISTRATIVE LAW – judicial review – procedure and evidence – challenge to dismissal of appeal from decision of Administrative Decisions Tribunal that appellant provide respondent with particulars as to why application for security licence refused - ADMINISTRATIVE LAW – judicial review at common law – administrative decisions — original jurisdiction of court — application for judicial review of appealable decision where Administrative Decisions Tribunal Appeal Panel bypassed — exercise of discretion — Administrative Decisions Tribunal Act 1997, ss 113, 122, 123.

Administrative Decisions Tribunal Act 1997 Administrative Decisions Legislation Amendment Act 1997 Evidence Act 1995 Freedom of Information Act 1989 Firearms Act 1996 Interpretation Act 1987 LEGISLATION CITED: Security Industry Act 1997 Security Industry Amendment Act 2002 Supreme Court Act 1970 Administrative Appeals Tribunal Act 1975 (Cth) Migration Act 1958 (Cth) Corruption and Crime Commission Act 2003 (WA) Liquor Licensing Act 1997 (SA)